The Consummation of the Filing Reviewing System for the Standing Committee of Local People’s Congress’ Normative Documents

The filing reviewing system for the Standing Committee of Local People’s Congress’ normative documents is a weaken link of the work for Local People’s Congress, which theory study lagged, and this has affected the foundation and consummation of the filing reviewing system for the Standing Committee of People’s Congress’ normative documents seriously. The study on this problem has become a objective necessity for theory response to the practice.The principle that unification of the legal system, protection of the citizen rights, restriction of the power, administration by law etc. is the theories foundation of the filing reviewing system for the Standing Committee of Local People’s Congress’ normative documents. From principium to establishment of the filing reviewing system for the Standing Committee of Local People’s Congress’ normative documents, there are mostly four stages: having no reviewing system of the Local People’s Congress stage, the Local People’s Congress reviewing stage, stagnancy and development stage, the Standing Committee of Local People’s Congress filing reviewing stage.Since analyzing of the theory foundation, provenance and development, this thesis brings forward the assumption for the consummation of the filing reviewing system for the Standing Committee of Local People’s Congress’ normative documents: Judging from the normative documents’ establishment institution, content and effectiveness, the normative documents of the local People’ Court and People’ Procuratorate should be brought in to filing reviewing scope; Prescribing the special institution of filing reviewing, consummating the filing reviewing procedure, and implement the combination of the special reviewing and the unitive reviewing; Building up the mode of the active reviewing procedure combines together with passive reviewing procedure and regards passive reviewing as principle to assist with the active reviewing, dividing the reviewing startup into demanding one and advising one; Reviewing standard includes the legitimacy reviewing and the rationality reviewing, the rationality reviewing can draw lessons from” show to lose fair” standard in the administration litigation method; The result that filing reviewing should feedback the startup that who puts forward the reviewing demand or suggestion, the normative document is out of character should be rectified according to the procedure, can’t let the power of the normative document filing reviewing becomes placing falsely; The out of character normative document establishment institution and relevant liable personnel take in hand a load of concrete civil responsibility, administration responsibility, criminal responsibility, and still promising political responsibility in the meantime.